The Bureau of Alcohol, Tobacco, Firearms and Explosives issued a public safety advisory to the firearms industry and the public regarding the application of Final Rule 2021-05F, the Definition of “Frame or Receiver” and the Identification of Firearms. The advisory highlights the public safety threats addressed by the final rule and makes clear that ATF will continue to prioritize investigations involving willful efforts to violate the provisions of the Gun Control Act, as implemented in the final rule, regulating the manufacture and sale of firearm frames and receivers.
“People who engage in the business of dealing firearms are subject to the Gun Control Act,” said ATF Director Steven Dettelbach. “That means they need to run background checks and sell guns with serial numbers. That is what the ghost gun rule is about. Today’s advisory is simple. If you’re dealing firearms — including items that can be readily converted to a working firearm — ATF is going to make sure that you are following the same laws as everyone else.”
In April 2022, the Department of Justice announced the “Frame or Receiver” final rule that modernizes the definition of a firearm. The final rule, which went into effect in August 2022, clarifies that when a partially complete frame or receiver, including one in a parts kit, is “readily” convertible to a firearm they are subject to the same regulations as a firearm made by a federal firearms licensed manufacturer. Therefore, those who are engaged in selling these items and kits must be licensed to sell firearms pursuant to the GCA and comply with all of the GCA’s requirements, including serialization and running background checks. In determining whether a partially complete frame or receiver, whether sold individually or in a kit, is a firearm, ATF will consider all items made available by the seller, including marketing materials, applying the factors described in the final rule’s regulatory text.
Some suppliers of partially complete frames or receivers appear to be attempting to willfully circumvent the rule by (1) selling parts from the type of firearms parts kit covered by the final rule in separate transactions or (2) coordinating with other distributors to sell, market or make available individual parts that, when put together, create a frame or receiver.
When considering whether an individual or entity selling partially complete frames or receivers is engaged in activities that require a federal firearms license, ATF will consider the seller’s marketing conduct and materials. This may include the seller providing information on how a partially complete frame or receiver may readily be converted to a firearm, serving essentially as instructions or a guide. It may also include internet links to templates, jigs, molds, equipment, tools or other materials that enable ready completion or assembly of the unfinished frame or receiver into a firearm. This is because such materials may affect how “readily” the part may be converted. When a supplier in such a circumstance fails to comply with the GCA’s requirements, that may constitute a willful violation of the GCA. ATF considers such conduct, and all willful violations of the GCA, an investigative priority.
ATF recognizes that most suppliers and the public follow the GCA and its implementing regulations, including the “Frame or Receiver” final rule. This advisory is intended to assist the firearms industry and public by providing additional information regarding ATF’s investigative priorities related to violations of the GCA as implemented by the Final Rule.
Anyone who observes suspected violations of the GCA or ATF’s implementing regulations may report them to ATF at https://www.atf.gov/atf-tips.